USING COPYRIGHT LAW TO ENHANCE EDUCATION FOR ECONOMIC DEVELOPMENT: AN ANALYSIS OF INTERNATIONAL AND NATIONAL EDUCATIONAL EXCEPTIONS, WITH SPECIFIC REFERENCE TO UGANDA

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Abstract

Strict enforcement of copyright in least developed countries like Uganda would
negatively affect realisation of the right to education which is both intrinsic and
instrumental to realisation of economic development goals including the Millennium
Development Goals. The right to education is recognised internationally, regionally and
by the Constitution of the Republic of Uganda 1995. Universal access to copyrighted
educational materials is needed if education in less developed countries is to serve its
purposes. However, to stimulate creation of materials for the future, copyright restricts
both access and use of copyrighted materials which negatively affects realisation of the
right to education in less developed countries. Unfortunately, exceptions as copyright’s
tool for enabling access and use are unclear and narrowly construed. For TRIPS
compliance, Uganda enacted the Copyright and Neighbouring Rights Act, 2006 without
optimally transposing exceptions. Moreover, under the current international framework,
even the most maximalist approach to exceptions would not serve less developed
country needs. Accordingly, the Berne Appendix for developing countries, though
procedurally complex, should be used.
This thesis undertakes a critical comparative analysis of relevant international and
national copyright provisions. While referencing legislation from selected countries,
Uganda’s commendable fair use provisions are nevertheless not optimal for supporting
education for economic development. Various doctrinal issues arise from the exceptions
and Uganda’s Berne Union ‘absentee’ status. Pending international reforms, maximally
transposing and utilising available exceptions is imperative. Key recommendations
include: incorporating the human right to education among fair use factors and joining
the Berne Union. Classical utilitarianism is used to justify maximising exceptions
within the current international copyright framework to promote quality education.
Arguably, maximally transposing and using exceptions to support education is the way
to facilitate economic development as the ‘greatest good’ for the world’s greatest
number living in poverty in less developed countries in an era of globalisation.